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WENDELEN v. COMMANDER LARABEE MILLING CO.

Civ. No. 2121.

96 F.Supp. 92 (1950)

WENDELEN v. COMMANDER LARABEE MILLING CO.

United States District Court W. D. New York.

June 16, 1950.

Attorney(s) appearing for the Case

William J. Brock and Edward H. Kavinoky, of Buffalo, N. Y., for plaintiff.

Brown, Kelly, Turner & Symons, of Buffalo, N. Y. (Noel S. Symons and John E. Leach, of Buffalo, N. Y., of counsel), for defendant.

KNIGHT, Chief Judge.

This is a motion for summary judgment under Rule 56 of Federal Rules of Civil Procedure, 28 U.S.C.A., pending since 1945.

The complaint, filed February 15, 1945, alleges that plaintiff is a citizen of New York State and defendant a Maryland corporation, owner of a building in Buffalo, N. Y. known as Buffalo Flour Mills; that, on November 14, 1944, there was attached to said building "a marine leg" which was used to unload into it grain...

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